An attorney's duties
Guidance from Estate Advisory Group
Written and legally reviewed by Ramani Gill TEP, Solicitor and private client practitioner·Last reviewed 13 August 2026
Being an attorney is a legal responsibility, not just a favour. The Mental Capacity Act sets out what you must do and where your power stops.
Your core duties
- Act only in the donor's best interests, not the family's or your own.
- Assume the donor can decide unless it is established otherwise, and involve them as far as possible.
- Follow the LPA's preferences and instructions, and the Mental Capacity Act Code of Practice.
- Keep the donor's money separate from your own and keep records of what you spend.
- Do not delegate your decisions, and do not take advantage of your position.
What you cannot do
- Make large gifts. Only modest customary gifts on birthdays or at Christmas, proportionate to the estate — anything more needs Court of Protection approval.
- Change the donor's will, or use the LPA after the donor dies.
- Make health decisions under a financial LPA, or spend money under a health and welfare LPA.
- Decide on life-sustaining treatment unless the donor gave that power in the LP1H.
Supervision and consequences
The OPG can investigate
The Office of the Public Guardian investigates concerns about attorneys and can apply to the court to remove one. Misuse of a donor's funds can lead to repayment orders and, in serious cases, prosecution.
Our signing pack includes a short plain-English briefing for each attorney, so nobody signs without knowing what they are taking on.
A worked example
Angela is her mother's attorney and pays for a cleaner from her mother's account every fortnight. Because her mother's care needs mean this is clearly for her benefit, and Angela keeps receipts and a simple spreadsheet of every payment, this is unremarkable. When her mother's savings later need to fund a stairlift, Angela gets two quotes, chooses the better one, and notes why — exactly the kind of record that protects her if a sibling ever questions her decisions.
Best interests in practice
| Decision | What best interests usually means |
|---|---|
| Selling the family home | Only if needed for care costs or clearly wanted, not for convenience |
| Everyday spending | Continuing the donor's normal pattern of living where funds allow |
| Gifts | Modest and customary only, unless the Court of Protection approves more |
| Investment decisions | Cautious, and ideally with professional advice for larger sums |
Common questions
Can an attorney be paid?
Lay attorneys can reclaim reasonable expenses but cannot charge for their time unless the LPA authorises it.
Can an attorney resign?
Yes. They complete a disclaimer form and notify the donor and the OPG. This is why replacement attorneys matter.
Do I have to keep every single receipt?
Not necessarily every receipt, but you should keep a clear record of significant transactions and be able to account for the donor's money if asked by the OPG, a co-attorney or the family.
What happens if I get something wrong by accident?
Honest mistakes handled openly are treated very differently from concealment or self-dealing. Keep records, correct errors promptly, and tell co-attorneys or the OPG if something significant has gone wrong.
Read next
Where this fits
This page is part of Attorneys and certificate providers. The pages below take it further.
- Make an LPA online
The whole journey end to end: questions, documents, signing and registration.
- The LPA forms explained
LP1F, LP1H and LP3 — what each section asks and where people go wrong.
Review and sources
Reviewed by Ramani Gill TEP, Solicitor and private client practitioner. Last reviewed 13 August 2026. We recheck fees, forms and Office of the Public Guardian guidance whenever they change — see our editorial policy.
Official sources
Making your own LPA?
Name your attorneys, set how they must decide together, and we prepare the forms for £49.
The Office of the Public Guardian charges a separate £92 to register each LPA.
This is general information about how Lasting Powers of Attorney work in England and Wales. It is not legal advice about your situation. What we do and do not do.
Published by Estate Advisory Group